Pregnancy Leave of Absence
Can My Employer Deny Me Leave of Absence for Pregnancy?
A pregnancy leave of absence must be granted in any case where the employer
has five or more employees. L ength of employment is irrelevant—even
one day is sufficient. A pregnancy leave of absence is unpaid and may
last up to four months. At Alan Burton Newman, PLC, our Los Angeles employment
lawyer wants to help protect your rights for pregancy leaves.
Generally, employers resent holding a job open for four months and resist
this leave of absence, especially for a small company. However, the rights
of the pregnant women are paramount. Even though the leave of absence
is unpaid, there are various state statutes, such as disability, which
provide income to the mother and do not require the assistance of a
Los Angeles employment lawyer.
Your Rights under the California Family Rights Act
The Fair Employment and Housing Act is enforced by the Department of Fair
Employment and Housing (DFEH), it contains family care and medical leave
provisions, known as the
California Family Rights Act (CFRA), for California employers with fifty (50) or more employees. In
addition to the leave requirements covered under the CFRA, employers with
five (5) or more employees also have obligations in regards to
California's Pregnancy Disability Leave (PDL) law, which is also enforced by the DFEH.
A California employee who is incapable of working due to pregnancy is entitled
to at most four months of unpaid disability leave, which she may take
before or after the birth, or during any period of time in which she is
physically unable to work because of pregnancy or a pregnancy-related
Employees have the right to take pregnancy disability leave as well as
leaves they are entitled to under the CFRA. For example, an employee can
use her four months of allotted pregnancy disability leave for her pregnancy
and she can take a leave of 12 weeks to bond with her newborn.
What Is My Responsibility As an Employee?
There is some potential in California regulations that an employer could
deny you maternity leave if you do not give them sufficient advance notice.
For this reason, it is encouraged that you give your employer notice as
soon as possible about the possibility of your need to take maternity
leave. In your notice, inform your employer of the estimated date and
duration of your pregnancy leave. Giving your employer a written notice
protects your rights. Provide your employer this notice at least 30 days
before you take maternity leave, or as soon as possible.
If you would like to request reasonable accommodation from your manager
for a pregnancy-related or birth-related disability, it is also advised
that you do so 30 days prior to your need for the accommodation, if possible.
It is also recommended that you make an effort to accommodate your employer
when arranging medical appointments, to the extent that you can and that
your healthcare provider recommends.
Do I Have a Right to My Job After Taking a Pregnancy Leave of Absence?
Yes, you do. Your employer cannot fire you or otherwise
discriminate against you after taking a maternity leave of absence. Your employer must
give you back your same job or a comparable position. In fact, if you
ask your employer for a guarantee in writing that you can have your job
again when you are back from your pregnancy leave of absence, your employer
is required by law to give you this written assurance. The exception to
this is if your employer can prove that business reasons are the cause
for your release. Your employer must be able to prove that the action
was taken for business purposes and not in relation to your pregnancy
leave of absence. It’s important to know that the law protects and
favors employees who are mothers, and that the burden of proof always
lies with the employer.
Taking Action to Protect Your Rights Is Important
Both state and federal laws protect female employees who are pregnant or
believed to be pregnant from discrimination based on their pregnancy.
You deserve to know about the laws that protect you. Our California employment
discrimination lawyer can answer your questions.
Examples of illegal treatment at work includes:
Employment discrimination is hugely problematic, and you deserve to protect
your rights. Our firm can help you. We understand the California state
and federal laws that protect your rights. Our Los Angeles pregnancy leave
of absence attorney can stand up for your interests if you were the victim
of illegal discrimination.
- You do not have to earn maternity leave. California law ensures that all
female employees are entitled to maternity leave, no matter how long they
have been employed.
- You cannot be fired or discriminated against based on pregnancy.
- You may be entitled to healthcare coverage during your pregnancy leave
- You may be entitled to accrue regular benefits such as pension, accident
insurance, seniority, and so on, during your maternity leave.
Contact an Experienced Employment Law Attorney in Los Angeles
Employees are afforded other rights and responsibilities with respect to
their salary and benefits during both types of leave, and there are specific
conditions pertaining to leave entitlement and return to work rights.
If need more information about pregnancy leave of absence, it is advised
that you speak with Los Angeles employment law attorney, Alan Burton Newman.
With 40+ years of experience and insight, we provide
leave of absence FAQ. If you are a victim of discrimination due to pregnancy, Attorney Newman
can explain your rights and legal remedies available under state and federal